Program for Youths Corrections
...eniles are learning to be responsible, to think before they act, and to appreciate things that they have, but it still does them no good, it's much too late. The problem statement is that as time and crimes progress, the court system's rules and laws were outdated and were not serving juvenile delinquents and the system adequately. Many lawmakers and society in general were becoming fed up with the current system and felt that it was time for a change. Many individuals, for example, proponents felt that a change was necessary to better serve the system and its offenders. Results occurred and many juveniles are now serving time in adult prisons. They are learning very quickly that crime does not pay and that life terms are nothing to brag about when serving adult terms in adult prisons. Many opponents also felt that the current system is too harsh on these teen offenders that serve these long and hard penalties, and are just becoming hardened criminals. With the possibilities of parole, they will be out doing worse crimes to retaliate for their time spent in an adult prison. I. Introduction A. Background In the nineteenth century, when the juvenile justice system was first started, it reflected the view that children are more innocent, less guilty of criminal motives, and are more in need of protection and discipline than that of adults. Although the factors that account for these earlier viewpoints concerning children are multiple and complex, most of them are related to factors in children's environments such as the general meanness of life, harsh economic conditions, and social disorders (Gibbons 16.) Such factors began the juvenile justice system in 1899. These factors caused many developmental procedures and special laws for juveniles as opposed to the current laws that were for adult criminals. Juvenile laws over the years, have had many changes and additions to the current laws to be able to better serve the justice system and the crimes that were and are committed by juveniles (Wadsworth 13.) B. Problem As time and crimes progressed, many of the rules and laws were outdated and were not serving juvenile delinquents and the system adequately. Such causes to these changes were that of nineteenth century industrialization, urban migration, economic changes, and the population growth of the nation that contributed to child misbehavior (Gibbons 18.) Many people began suggesting changes and alterations of the system and the laws regarding juveniles and their punishments (Buckly D7.) C. Purpose of Report The purpose of this report is to discuss the advantages and disadvantages of the juvenile justice system, from various and different sources related to the system and its faults. D. Scope This research paper shall discuss the various opinions of opponents and proponents of the system. Sources should state if the system needs changes and/or if it is sufficiently serving the crimes which are committed. II. General Overview of the Juvenile Justice System A. Purpose of the Juvenile Justice System As it has been for many years, since the late 1800's, the juvenile court system was designed to take child offenders out of the criminal courts and protect them from criminal procedures and its effects. The courts are designed to punish and/or cater to the violations that the child has not followed, or broken. It is not only a way of punishing the violator, but also a way of possibly reforming or rehabilitating the child. To show the juvenile wrong from right, and to make them better understand that delinquency is not a way of living. Living a life of delinquency and being involved in crimes of various natures may not only bring the child to be involved in more serious crimes, but may also bring the child to be incarcerated to the maximum penalty for hi or her crimes (Rubin 46.) B. Courts and Judges Decide Punishments The American Law Institute (ALI), an important scholarly organization of lawyers, law professors, and judges drafted a "Model Penal Code." This code states and defines the laws of juvenile delinquency and how the courts should sentence an offender. Its results vary from state to state, the degree of the offense, and who or whom committed the crimes (by age) (Rubin 100.) Under the ALI plan, the penalties applicable to adult criminals may be utilized for youthful offenders also. These laws changed from year to year, are questioned by many and have many "loop holes" that there is no original set laws for offenses. Many penalties are set by the degree of the crimes. In a first degree felony, the court would fix minimum and maximum terms, the minimum are no less than one year or more than ten years, and the maximum up to life imprisonment in all cases. For a second degree felony, the maximum term would be fixed at ten years, in all cases. In some situation, an offender may also be sentenced to so-called "extended" terms of imprisonment and in addition, each term would be followed by an added "parole term." The ALI also governs parole flexibility and jail terms of offenders. C. Criminals Sent to Adult Prisons The number of juveniles, age and under, who are sentenced as adults remain less than one percent of the total prison population. But that number has tripled ever since 1979; an estimated 6100 juveniles were in adult state prisons when last counted by the Bureau of Justice Statistics in 1996. These teens are mainly serving time in adult prisons because the juvenile justice system, as well as society, in general is just "getting sick of babying them" (Buckly D6.) These teen's crimes vary from various degrees of murder to robbery and assault with a weapon. Many of these criminals know that they have done wrong but still feel that they don't deserve to be in prison for life. They miss being home with their family and friends. Doing time has changed their views on many things such as life, future, morals, and what is necessary to be a human being. One inmate states, "I worry about my daughter, who will raise her, I haven't seen her in six months," many of these prisoners lead stressful and busy lives in adult prisons. The have programs for learning how to read and speak, as well as religion classes (Buckly D6.) Many of these incarcerated juveniles learned very quickly that it's no laughing matter living their lives in prison. They had wished that they didn't do what they did to get in prison the first time. III. Advocates Reasons for Keeping the Juvenile Justice System. A. Juveniles can be Rehabilitated As crime increases and the laws change, many juveniles are being charged with adult sentences and are serving time in adult prisons. There are many advocates which feel that these hard sentences are finally causing a change in society and are forcing teen offenders to realize what is right from wrong the hard way. As stated by Stuart Simms, secretary of the Juvenile Justice Department, "it appears to be an effective program for its specific population ." These sentences, for example, 16 years to life or life with no parole, are major rehabilitating sentences that force the criminal to change with no choice. "They did the crime, now they must do the time." B. Juveniles Become Hardened Criminals in an Adult System. Ju...